How Long Does Probate Take in Illinois?

A simple, uncontested Illinois estate typically takes 12 to 18 months from the initial petition to final discharge. Contested estates — those with will disputes, creditor challenges, or family disagreements — can stretch to two years or longer.

The timeline is not arbitrary. Illinois statutes impose specific deadlines at each stage, and several of them create mandatory waiting periods that cannot be shortened even if everyone agrees.

The Statutory Timeline

Days 1–30: Opening the Estate

The executor must present the will for probate within 30 days of learning of the death and their appointment (755 ILCS 5/6-3). The Petition for Letters of Office is filed electronically through eFileIL (the original physical will is one of the few items exempt from e-filing).

Court processing time varies by county. Cook County is typically slower than suburban and downstate counties due to volume.

Days 30–90: Notifications and Inventory

Within 14 days of the court order admitting the will to probate, the executor must mail formal notice to all heirs and beneficiaries. Simultaneously, the executor publishes a notice to unknown creditors in a local newspaper once a week for three consecutive weeks.

Within 60 days of receiving Letters of Office, the executor must compile and file a verified asset inventory listing all real and personal property.

Months 3–9: The Creditor Claims Window

This is the longest mandatory waiting period. Unknown creditors have six months from the first publication date to file claims against the estate. Known creditors get the later of six months from publication or three months from direct mailing.

There is no way to shorten this window. Even if no creditors come forward, the executor must wait until the period expires before distributing assets. Distributing early exposes the executor to personal liability if a valid claim surfaces later.

If the executor fails to publish the creditor notice — or publishes it incorrectly — the claims window extends to a hard limit of two years after death.

Months 6–7: Elections and Contests

A surviving spouse who wants to reject the will and claim their statutory elective share must file a written renunciation within seven months of the will being admitted to probate. Any will contest must be filed within six months.

These deadlines overlap with the creditor claims period, which is why the estate cannot close during this window.

Months 9–14: Tax Filing, Final Accounting, and Closure

If the estate is subject to the Illinois estate tax ($4 million threshold), Form 700 must be filed with the Attorney General and the tax paid to the State Treasurer within nine months of death.

After the creditor claims window closes, the executor prepares a final accounting and mails it to all interested parties. In independent administration (the most common type), if no objections are filed within 42 days, the court enters an order discharging the executor and closing the estate.

What Causes Delays

Contested wills. A will contest adds months of litigation. If the challenge reaches a full hearing, expect 6 to 12 additional months.

Real estate that must be sold. Selling a house through probate requires court approval (in supervised administration) or beneficiary notification (in independent administration), plus the time to list, market, and close the sale.

Missing or unresponsive beneficiaries. If the executor cannot locate a beneficiary, additional steps are required — including potential court hearings for distribution instructions.

Estate tax complications. Estates near the $4 million threshold may need appraisals, valuations, and negotiations with the Attorney General's office before the tax can be resolved.

Creditor disputes. If a creditor files a disputed claim, the executor must either negotiate a settlement or litigate the claim — both of which add time.

How to Speed Things Up

• Request independent administration in the petition. This lets the executor handle routine transactions without court approval at each step.
• Waive the executor bond in the will. Arranging bond adds weeks and annual renewal hassle.
• Publish the creditor notice immediately after receiving Letters of Office. The six-month clock starts on the first publication date — every week of delay extends the closing timeline by the same amount.
• Organize assets in advance so the 60-day inventory deadline does not become a scramble.

The most effective way to reduce probate time is to structure the estate so it avoids probate entirely — using TODIs, beneficiary designations, and POD/TOD registrations.

The Illinois Basic Estate Planning Kit includes a probate-avoidance checklist and an asset inventory worksheet designed to map every asset to a non-probate transfer mechanism.

See more Illinois guides →